Shaikh Wajib and Others vs State of Bihar and Others

R.N. Sahay, J.—Heard Sri Ram Kishore Prasad for the petitioner and G, P. I. for the State.

These four petitioners were sentenced to undergo imprisonment for life for offence u/s 302/34 of the Indian Penal Code by judgment passed by the then Sessions Judge of Singhbhum at Chaibassa in Sessions Trial No. 46/71. The judgment was pronounced on 31st May, 1974.

The Hon''ble Supreme Court of India in Writ Petition (Criminal) No. 1656/84 directed that all the cases of prisoners who have undergone a term of imprisonment for more than 14 years should be submitted to the State for consideration of premature release. The petitioners also applied for release through the Jail Superintendent, Hazaribagh. According to the counter-affidavit filed by the State the matter is under consideration of the State Government.

It was expected that the State Government should pass appropriate orders within a reasonable time of filing of the application. It is unfortunate that no such thing has happened in the present case.

This matter is fully covered by the decision of the Supreme Court in Shri Niwas and Others Vs. Delhi Administration and Others, . Following the aforementioned decision, I direct the authorities concerned to consider and dispose of the application filed by the petitioner by 28th February, 1994.

If for some reason the matter of premature release is not decided by the State Government within the time fixed, the petitioners shall be released on bail to the satisfaction of the Chief Judicial Magistrate, Chaibassa on furnishing proper securities. It, however, the ultimate decision is adverse to the petitioner, it will be open to the petitioners to challenge that order in an appropriate proceeding and it will not be open to the authority concerned to apply for cancellation of bail.

Let a copy of the order be handed over to Government Pleader No. 1 for immediate communication of the authority concerned.